COMMUNITY TRUST BANCORP, INC. V. COMMUNITY TRUST FINANCIAL CORP. 2011 WL 673751 (2011) CASE BRIEF

COMMUNITY TRUST BANCORP, INC. V. COMMUNITY TRUST FINANCIAL CORP.

2011 WL 673751 (2011)

NATURE OF THE CASE: Financial (D) filed a motion to dismiss based on lack of personal jurisdiction.

FACTS: Bancorp (P). is, a Kentucky corporation. Since 1995, P has continuously used the mark COMMUNITY TRUST to promote its banking and financial services. Since 1998, it has operated a website using the domain name ctbi.com. Its website allows customers to conduct online banking, bill pay, and other financial transactions over the internet. D provides banking and financial services. D use the marks COMMUNITY TRUST and COMMUNITY TRUST BANK. D also operates a website using the domain name ctbonline.com and the website displays the words 'Community Trust.' P claims that D's use of the COMMUNITY TRUST mark and related marks and trade names is likely to confuse consumers into believing that P is the operator of D's website or that P is affiliated with the D's services. P sued because the use of the marks constitutes trademark infringement in violation of federal law. D move to dismiss this action under Federal Rule of Civil Procedure 12(b)(2) arguing that the Court has no personal jurisdiction over them.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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